Grundy v Cassar [No 2]

In the case of Grundy v Cassar [No 2], the parties involved were Grundy and Cassar. The dispute before the court was centred on the costs associated with the legal action, particularly the claim for indemnity costs and the refusal of a Calderbank offer. The court was tasked with determining the appropriate approach to be taken in such matters and to make a decision on whether a special costs order should be granted.

The central legal issues the court had to address were the principles governing indemnity costs and the refusal of a Calderbank offer. The court had to consider the conduct of the parties during the litigation, the merits of the case, and the impact of the Calderbank offer on the costs. The court's reasoning involved a detailed examination of the conduct of both parties throughout the litigation, the nature of the Calderbank offer, and the overall fairness in the context of the case. The court concluded that while the refusal of a Calderbank offer could be a factor in determining costs, it was not the sole determinant. The court found that a special costs order was appropriate given the circumstances of the case.

The court's outcome was that an indemnity costs order was not made, but a special costs order was granted. This decision reflects the court's nuanced approach to the allocation of costs in litigation, considering various factors and the broader context of the case. The final orders included the rejection of the claim for indemnity costs and the granting of a special costs order in favour of the plaintiff.